U.S. Supreme Court DAVIS v. DAVIS, 305 U.S. 32 (1938)

[Page 305 U.S. 32, 35]

Mr. Justice BUTLER delivered the opinion of the Court.

The lower court held a decree of the circuit court of Arlington County, Virginia, entered June 26, 1929, granting petitioner an absolute divorce from respondent upon the ground of desertion not entitled to recognition in the supreme (now district) court of the District of Columbia. The question arose upon his application to that court to set aside or modify a decree it entered October 29, 1925 granting him divorce a mensa et thoro from respondent on the ground of cruelty.

In the District of Columbia absolute divorce was not then permitted for desertion or cruelty. [Footnote 1] In Virginia absolute divorce was authorized where either party willfully deserted or abandoned the other for three years. [Footnote 2] The circuit courts there have jurisdiction over suits for divorce and alimony. No suit for divorce is maintainable unless one of the parties has been domiciled in the State for at least a year preceding its commencement. [Footnote 3]

[Page 305 U.S. 32, 39]

The court of appeals, in an unreported opinion, held its earlier decision established the law of the case. Declaring petitioner not responsible for maintenance of his daughter after her marriage, it held that fact should be taken into account, and remanded the case for further consideration as to the amount of alimony to be allowed respondent. Petitioner applied for and the court granted rehearing. It heard argument and filed an opinion, in which it adhered to its ruling that its earlier decision was the law of the case, and held that the decision of the lower court refusing to enforce petitioner's decree of absolute divorce should stand. It said: 'The Virginia court did not have full jurisdiction of the parties and the subject matter, and hence the decree was not entitled to full faith and credit. ... It was necessary ... under Haddock v. Haddock, 201 U.S. 562, 26 S.Ct. 525, 5 Ann.Cas. 1, ... that Virginia be the last matrimonial domicil of the parties or, if not, that the wife be subjected to the jurisdiction of the court below, either by personal service within the State, or by voluntary appearance and participation in the suit'. It held that the matrimonial domicil was not in Virginia; that respondent's special appearance did not give the Virginia court full jurisdiction, or constitute waiver of her objection to jurisdiction. It held petitioner's application one addressed to the discretion of the lower court and that its omission to consider the marriage of the daughter constituted failure to exercise discretion. Accordingly, it reversed and remanded for further proceedings in accordance with the opinion. 68 App.D.C. 240, 96 F.2d 512.

Art. 4, 1, U.S.C.A.Const. Art. 4, 1 requires that judicial proceedings in each State shall be given full faith and credit in the courts of every other State. [Footnote 4] The Act of May 26, 1790, 1 Stat.

[Page 305 U.S. 32, 40]

122, as amended, R.S. 905, 28 U.S.C. 687, 28 U.S.C.A. 687 declares that judicial proceedings authenticated as there provided shall have such faith and credit given to them in every 'court within the United States as they have by law or usage in the courts of the State from which they are taken.' [Footnote 5] Thus Congress rightly interpreted the clause to mean not some but full credit. Haddock v. Haddock, supra, page 567, 26 S.Ct. page 526. The Act extended the rule of the Constitution to all courts, Federal as well as State. Mills v. Duryee, 7 Cranch 481, 485.

[Page 305 U.S. 32, 43]

The recital in the decree of reference, that the cause came on for hearing upon, inter alia, argument of counsel, suggests that both parties were heard. The stipulation of counsel that the commissioner should only ascertain the facts raised by her plea shows action by both parties relating to merits, at least to the extent that it withdrew the case from the commissioner. The record discloses no challenge by respondent to the statement, in the decree overruling her exceptions, that the court had jurisdiction of the subject matter and of the parties. The grant of time within which to answer implies application to that end. A motion for such an order relates to merits. Hupfeld v. Automaton Piano Co., C.C., 66 F. 788, 789. The service of notice of taking depositions upon respondent in the District of Columbia and upon her counsel in Virginia implies that petitioner's counsel understood that respondent had standing to appear and cross examine. Plainly her plea and conduct in the Virginia court cannot be regarded as special appearance merely to challenge jurisdiction. Considered in its entirety, the record shows that she submitted herself to the jurisdiction of the Virginia court and is bound by its determination that it had jurisdiction of the subject matter and of the parties. Cf. Andrews v. Andrews, supra, page 40, 23 S.Ct. page 243.

No question is here presented as to the effect of the Virginia decree on the power of the District of Columbia court over alimony.

Petitioner is entitled as a matter of right to have the Virginia decree given effect in the courts of the District of Columbia. The decree of the court of appeals must be reversed; the case will be remanded to the district court for proceedings in conformity with this opinion.

It is so ordered.

Reversed and remanded. Footnotes

Footnote 1 D.C. Code, Tit. 14, 63.

Footnote 2 Va. Code, 1924, 5103.

Footnote 3 Va. Code, 1936, 5105.

Footnote 4 'Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.'

Footnote 5 'The acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.'